A/66/44 Impunity for acts of torture (9) The Committee is concerned at reports that law enforcement officials and interrogators are not always prosecuted and adequately punished for acts of torture and illtreatment. This was also referred to by the Special Rapporteur on the question of torture, who stated that “impunity is the principal cause of torture and ill treatment”. The Special Rapporteur concluded that torture persists, particularly in police stations and pretrial detention facilities, and that “the absence in the Criminal Code of a definition of torture in line with the Convention and the lack of effective mechanisms to receive and investigate complaints provides shelter to perpetrators” (ibid.) (arts. 1, 2, 4, 12 and 16). The State party is urged to bring impunity to an end and ensure that torture and illtreatment by public officials will not be tolerated and that all alleged perpetrators of acts of torture will be investigated and, if appropriate, prosecuted, convicted and punished with penalties appropriate to the gravity of the crime. The State party should ensure that efficient and independent investigative mechanisms be established against impunity regarding torture and ill-treatment. Article 44.1 of the Criminal Code, which stipulates that “causing harm to the rights and interests protected by this Code in the course of fulfilling mandatory orders or decrees shall not constitute a crime”, should be immediately repealed. The State party legislation should also clearly stipulate that a superior order may not be invoked as a justification for torture. Ill-treatment and the excessive use of force during the 1 July 2008 events (10) The Committee is concerned at reports that during the riots on 1 July 2008 in Sukhbaatar Square and during the state of emergency police resorted to unnecessary and excessive use of force. The Committee is concerned at reports that most cases of unnecessary and excessive use of force by police occurred after the declaration of the state of emergency. It is also concerned about the results of a survey conducted by the National Human Rights Commission showing that of 100 detained people who were interviewed, 88 replied that they were ill-treated by being beaten or assaulted during arrest and interrogation. The Committee is concerned at reports that arrested persons were detained in overcrowded facilities, with lack of access to food, water and toilets for 48 to 72 hours, and without the possibility to contact lawyers and families (arts. 2, 12 and 16). The State party should ensure that law enforcement officials receive clear instructions regarding the use of force and are informed of the liabilities they incur if the use of force is unnecessary or excessive. Existing laws, including those informing the public about the imposition of a state of emergency, should be applied. The State party should ensure that law enforcement officials apply the law with regard to persons deprived of their liberty, including fundamental legal safeguards upon arrest, with strict adherence to the Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment (adopted by the General Assembly through resolution 43/173 of 9 December 1988) and that persons deprived of their liberty should have access to a lawyer, a medical doctor and their family. In order to prevent impunity and abuse of authority, law enforcement officials found guilty of such offenses should be sanctioned with appropriate legal and administrative penalties. Complaints and prompt, impartial and effective investigations (11) The Committee is gravely concerned that since 2002, only one person has been sentenced for inhumane and cruel treatment and that only one person was convicted out of 744 torture-related cases since 2007, therefore creating an environment of impunity for perpetrators. This was echoed by the Special Rapporteur on the question of torture, who stated that “while a legal framework for victims to make complaints and have them addressed currently exists, this system does not work in practice” (E/CN.4/2006/6/Add.4, 56 GE.11-45568